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(영문) 광주지방법원 순천지원 2014.09.17 2014고단1005
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 8, 2009, the Defendant received a summary order of KRW 1 million for a crime of violation of the Road Traffic Act from the Gwangju District Court's Netcheon Branch on July 8, 2009, and issued a summary order of KRW 1 million for the same crime in the same court on January 21, 2010.

Criminal facts

On June 1, 2014, at around 20:40, the Defendant driven a B Ecoo vehicle while under the influence of alcohol with approximately 0.143% alcohol concentration from the 1km section to the front road of the upper intersection in the same Dong from the road in front of the 1km-si Municipal Ordinance of the relevant Sincheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of the employer-employed driver;

1. Previous convictions in judgment: Criminal records, investigation reports (Attachment of criminal records A, etc. of the same kind of criminal suspect), and application of Acts and subordinate statutes of three summary orders;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Mitigation of discretionary mitigation: Article 53 and Article 55 (1) 3 of the Criminal Act [The consideration is that there is no past record of punishment for the same kind of crime after being sentenced to a suspended sentence of imprisonment due to the violation of the Road Traffic Act in 2010, etc.];

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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